ACCEPTANCE
Thank you for visiting the Today I Will web site (the “Today I Will Site”) that is owned and operated by The Cooper Institute®, a 501(c)(3) organization registered in the state of Texas (“CI”). The Today I Will Site is offered to you conditioned on your acceptance, without modification, of the following terms, conditions, and notices (these “Terms of Use”). Your use of the Today I Will Site (including your browsing of any of the web pages on the Today I Will Site) constitutes your agreement to be bound by these Terms of Use. CI reserves the right, in CI’s sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. You should read these Terms of Use periodically for changes. If you use the Today I Will Site after CI posts changes to these Terms of Use, you accept the changed Terms of Use.

PRIVACY
By registering and logging in to the Today I Will Site users understand that certain information will be gathered and stored automatically about them and their visit (“Demographics”). Demographics will be stored in a de-identified manner—a code number instead of a name—so that stored information will not be used to identify an individual. Individual Demographics will not be shared with or linked to health care providers. Only de-identified demographics from the entire group of registrants may be linked to health care providers.

Further, CI does not disclose, give, sell, or transfer any personally identifiable information about visitors to the Today I Will Site; provided, however, that CI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, rule, regulation, legal process, or governmental request (including any law enforcement request) or as necessary to service or process the Today I Will Site, all as determined in CI’s sole discretion.

Collection and analysis of Demographics will allow The Cooper Institute (CI) to understand which tools and resources on this website help individuals lose weight or maintain weight loss and allow CI to improve the materials. CI reserves the right to collect, analyze, and use the Demographics for publications that report findings from the entire group of registrants. No individuals will be identified in any reports.

Individuals who register on this website will be periodically asked to complete a brief online questionnaire about their current weight, current weight maintenance strategies, and other health-related behaviors. Responding to these questionnaires or other requests for feedback from The Cooper Institute is completely voluntary.

CONDUCT
Use. The Today I Will Site may contain blogs, bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to interact with others (the “Interaction Services”). You agree to use the Interaction Services only to post, send, and receive messages and materials that are proper and related to the particular Interaction Service. CI specifically disclaims any liability with regard to the Interaction Services and any actions resulting from your participation in any Interaction Service.

By way of example, and not as a limitation, you agree that when using an Interaction Service or any other portion of the Today I Will Site, you will not:
• Modify, delete, or reverse engineer the Today I Will Site in any way whatsoever.
• Embarrass, defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, transmit, copy, reproduce, e-mail, post, upload, distribute, or disseminate (or use the Today I Will Site to do any of the foregoing with respect to) any inappropriate, profane, defamatory, infringing, obscene, indecent, hateful, or unlawful topic, name, material, or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Use any automated means, including electronic “spiders,” “robots,” or “crawlers,” to download data from any of CI’s databases.
• Incorporate data from any CI database into any emails or other “white pages” products or services, whether browser-based, based on proprietary client-side applications, or web-based, without CI’s prior, express, and written consent.
• Advertise, post, or offer to sell or buy any goods or services for any business purpose, unless such Interaction Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam, unsolicited e-mail, or any advertising, promotional, or unauthorized communication.
• Download any file posted by another user of an Interaction Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded.
• Impersonate another person or entity.
• Allow any other person or entity to use your identification for posting or viewing comments.
• Restrict or inhibit any other user from using and enjoying the Interaction Services or any other portion of the Today I Will Site.
• Violate any code of conduct or other guidelines that may be applicable for any particular Interaction Service or any other portion of the Today I Will Site
• Violate any applicable laws, rules, or regulations or rights, including intellectual property, privacy, or publicity rights.

SUBMISSIONS
By posting, uploading, inputting, providing, or submitting information or materials to the Today I Will Site, including through the Interaction Services (the “Submissions”), you are granting CI, CI’s affiliated companies, and necessary sub-licensees irrevocable permission to use in perpetuity, without compensation and without restriction, your Submissions, including the rights to: copy, distribute, transmit, publish, publicly display, use, publicly perform, reproduce, edit, translate, reformat, modify, and prepare derivative works of your Submissions; and to publish your name in connection with your Submissions.
No compensation will be paid with respect to the use of your Submissions. CI is under no obligation to post or use any Submission you may provide. By posting, uploading, inputting, providing, or submitting your Submissions, you represent and warrant that you own or otherwise control all of the rights to your Submissions as described in these Terms of Use, including all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

MONITORING
CI has no obligation to monitor the Interaction Services, the Submissions, or any other aspect of the Today I Will Site. However, CI reserves the right to review the Submissions and any other materials posted to an Interaction Service and to edit, refuse to post, and remove any Submission or such other materials in CI’s sole discretion (regardless of the reason). CI assumes no liability relating to CI’s monitoring, editing, or removal acts or omissions. CI does not guarantee the accuracy, integrity, or quality of any Submissions or other user content.

USER REPRESENTATIONS
You represent and warrant the following:
• (i) you are at least 18 years of age, (ii) your use of the Today I Will Site is legal in, and does not violate any laws or rules of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Today I Will Site, (iii) all information (if any) provided by you to CI is correct, (iv) you possess the legal right and ability to enter into these Terms of Use and to use the Today I Will Site in accordance with these Terms of Use, (v) your use of the Today I Will Site shall be in accordance with these Terms of Use, and (vi) your use of the SToday I Will Site shall be in accordance with all applicable laws and regulations.
• You will not (i) use the Today I Will Site in any manner that could damage, disable, overburden, or impair the Today I Will Site or interfere with any other party’s use and enjoyment of the Today I Will Site, (ii) obtain, or attempt to obtain, any materials, information, or other content through any means not intentionally made available or provided for through the Today I Will Site, or (iii) circumvent, or attempt to circumvent, any security feature of the Today I Will Site.
• You have all necessary right and authority to submit the Submissions to CI.

TERMINATION OF ACCESS
CI reserves the right to terminate your access at any time (for any reason or for no reason). In particular, and without limitation, CI may terminate your access upon your non-compliance with these Terms of Use or if you violate CI’s rights or the rights of any other party.

INTELLECTUAL PROPERTY RIGHTS
Since the overarching goal of the Today I Will Site is to give back to CI’s colleagues, donors, and community by sharing CI’s expertise and resources for nonprofit uses, CI does not restrict your use of the information or materials available on the Today I Will Site (the “Content”), except as otherwise provided in these Terms of Use, but does require appropriate attribution of the Content; provided, however, that the foregoing does not apply to any of CI’s trademarks, service marks, or other registered or unregistered marks, which may not be used by you without CI’s prior, express, and written consent and which shall remain the sole and exclusive property of CI. Examples of appropriate attributions include:
• Source: Today I Will (www.todayiwill.com), a website from The Cooper Institute® that provides personalized weight loss skills to help make lasting changes.
• Adapted from: Today I Will (www.todayiwill.com), a website from The Cooper Institute®. Eat Better, More More, Live Well with TodayIWill.
If would like to use this content in an income capacity or where a profit is made please visit www.CooperInstitute.org and view the contact page. A permission contact is listed there.

INDEMNIFICATION
You agree to indemnify, defend, and hold CI and CI’s owners, partners, members, managers, directors, officers, employees, agents, information providers, suppliers, agents, and attorneys harmless from any and all liabilities, losses, claims, and expenses, including reasonable attorney’s fees, related to your (i) failure to comply with any of these Terms of Use or (ii) use of the Today I Will Site (including third party claims relating to your Submissions or information or content downloaded by you from the Today I Will Site). CI has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Today I Will Site or your use of the Today I Will Site.

DISCLAIMERS
THE INFORMATION, CONTENT, AND SERVICES PROVIDED THROUGH THE TODAY I WILL SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT OFFER OR PROVIDE, AND ARE NOT A REPLACEMENT OR SUBSTITUTE FOR, PROFESSIONAL OR MEDICAL EVALUATION, ADVICE, DIAGNOSIS, OR TREATMENT. IN ADDITION, SUCH INFORMATION, CONTENT, AND SERVICES SHALL NOT BE DEEMED OR CONSTRUED TO CREATE A PHYSICIAN-PATIENT RELATIONSHIP OR SIMILAR PROFESSIONAL OR HEALTH CARE-RELATED RELATIONSHIP BETWEEN CI AND YOU AS A RESULT OF YOUR USE OF THE TODAY I WILL SITE.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL OR MEDICAL ADVICE OR DELAY IN SEEKING SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE TODAY I WILL SITE.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. CI DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE TODAY I WILL SITE. RELIANCE ON ANY INFORMATION, CONTENT, OR SERVICES PROVIDED BY CI, CI EMPLOYEES, OR VISITORS TO, OR OTHERS APPEARING ON, THE TODAY I WILL SITE IS SOLELY AT YOUR OWN RISK.

THE INFORMATION, CONTENT, AND SERVICES PROVIDED THROUGH THE TODAY I WILL SITE ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” CI DOES NOT GUARANTEE THAT THE RESULTS OF ANY ANALYSIS PROVIDED BY THE TODAY I WILL SITE ARE ACCURATE. CI DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY AND ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

ALL INFORMATION, CONTENT, AND SERVICES PROVIDED THROUGH THE TODAY I WILL SITE IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND REPRESENTS NO COMMITMENT ON CI’S PART IN THE FUTURE TO MAINTAIN OR CHANGE SUCH INFORMATION, CONTENT, OR SERVICES OR TO PROVIDE THE TODAY I WILL SITE.

ALTHOUGH THE TODAY I WILL SITE CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT-OF-DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. CI DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY, TIMELINESS, OR APPROPRIATENESS OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED BY CI.

CI IS NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE TODAY I WILL SITE OR OTHERWISE USE OR RECEIVE INFORMATION, CONTENT, OR SERVICES FROM OR REGARDING THE TODAY I WILL SITE.

LIMITATION OF LIABILITY
CI SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, CONTENT, OR SERVICE RELATED TO THE TODAY I WILL SITE. CI SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CI’S AGGREGATE LIABILITY EXCEED $10. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THESE LIMITS.

LINKS
The Today I Will Site may contain links to other web sites. CI is not responsible for, and disclaims any liability with respect to, the content, accuracy, or opinions expressed in such web sites, and CI does not investigate, monitor, or check such web sites for accuracy or completeness. Inclusion of any linked web site on the Today I Will Site does not imply CI’s approval or endorsement of the linked web site or the products, services, or information available at or from such linked web site. If you decide to leave the Today I Will Site and access these third-party sites, you do so at your own risk. Specifically, you will be subject to such third-party sites’ privacy policies, which may be different than CI’s privacy policy.

You may only make available links on other web sites to the Today I Will Site if such links connect directly to CI’s home page located at www.todayiwill.com. You may deep-link (or link to other pages within the Today I Will Site) only with CI’s prior, express, and written consent. Additionally, the Today I Will Site may contain links to other pages within the Today I Will Site that are “dead” or that no longer work. Please report any such dead-links that you encounter.

MISCELLANEOUS
These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of Texas, without regard to Texas’ conflicts of law principles.
Any cause of action by you with respect to the Today I Will Site (including these Terms of Use) must be instituted within one year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of, or in connection with, these Terms of Use shall be brought solely in a court of competent jurisdiction located in Dallas County, Texas.

The provisions of these Terms of Use are severable, and in the event any provision of these Terms of Use is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. CI’s waiver of a breach of any provision of these Terms of Use by you shall not operate or be construed as a waiver by CI of any subsequent breach by you.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to, these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms of Use and all related documents be drawn up in English as spoken in the United States.

You may not assign these Terms of Use (or delegate your rights, duties, or obligations under these Terms of Use) without CI’s prior, express, and written consent.
If you are aware of any violations of these Terms of Use or if you have any questions or comments regarding these Terms of Use, please contact us at ContactUsToday@CooperInst.org.

All trademarks used on the Today I Will Site are the property of their respective owners.